R v Simmons

[2017] SASCFC 49

South Australia Full Court

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against conviction recorded on guilty plea
4. › Application to set aside guilty plea
5. › Whether plea entered under pressure from counsel
6. › Whether permission to appeal reasonably arguable
7. › Criminal Law Consolidation Act 1935 (SA), s 140(4)
1. Criminal Law
2. › Appeal and new trial
3. › Procedure
4. › Permission to appeal
5. › Referral to Full Court after refusal by single judge
6. › Whether Full Court may make limiting order confining hearing to permission question
7. › Whether Full Court may adopt reasons of permission judge
8. › Supreme Court Act 1935 (SA), s 48(4)
9. › Supreme Court Criminal Rules 2014 (SA), r 120(4)
1. Practice and Procedure
2. › Appeals
3. › Permission to appeal
4. › Filtering function of leave requirements
5. › Efficient disposal of unmeritorious applications
6. › Role of outlines of argument in assessing merit

Quick Take

When an application for permission to appeal is referred to the Full Court under s 48(4) of the Supreme Court Act 1935 (SA), the Court may make a limiting order confining the hearing to the permission question and excluding argument on the merits of the appeal. Where the Court agrees with the permission judge's reasons, it may adopt them rather than providing independent reasons.

Case Details

Citation[2017] SASCFC 49

CourtSASCFC

JurisdictionSouth Australia

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Relies on7

2016Tsavalas v PoliceSASC 103
2007R v BrooksSASC 35
2005R v PughSASC 427
1995Meissner v RHCA 41
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